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$________ Admiralty – Defendant operates pleasure boat into a large wake, causing plaintiff passenger to be thrown to the floor of the boat – Right distal tibia fracture – Surgery required.

Philadelphia County, PA

In this personal negligence action, the plaintiff maintained that he was injured when he was thrown about the interior of a boat that was being operated by the defendant. The defendant denied being negligent and argued that the plaintiff failed to use proper care for his own safety.

On August 8, ________, the male plaintiff was a passenger on a pleasure boat owned and controlled by the defendant in the waters around Cape May, New Jersey. The defendant operated the vehicle at an excessive rate of speed and in attempt to make the ride "more interesting" operated his vessel in the wakes of other nearby boats. The defendant operated his boat into a large wake and lost control of the boat, knocking the plaintiff to the floor of the boat. The plaintiff maintained that the defendant was negligent in operating a watercraft at an unsafe speed, operating a watercraft in an unsafe manner, failing to keep a proper lookout while operating a watercraft, failing to observe and properly react to his surroundings while operating a watercraft and failing to approach a wake from another vehicle in a safe and proper manner.

As a result of the incident, the plaintiff suffered a displaced right distal tibia fracture requiring open reduction and internal fixation, multiple bruises and contusions and lacerations to the body. The defendant denied being negligent and maintained that it was the negligence of another boat operator that caused the incident and the comparative negligence of the plaintiff for not being properly seated in the boat.The jury found for the plaintiff and awarded him $________ which was reduced by 50% comparative negligence, for a total award of $________.

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